No Short Positions. Neither the Investor nor any of its affiliates has an open short position in the Common Stock of the Company, and the Investor agrees that it shall not, and that it will cause its affiliates not to, engage in any short sales of or hedging transactions with respect to the Common Stock as long as the Promissory Note remains outstanding.
No Short Positions. The Investor agrees that neither the Investor nor any of his, her or its affiliates has entered, has the intention of entering, or will, at any time during which the Investor holds any equity securities of the Company, enter into any put option, short position or other similar instrument or position with respect to the Common Stock of the Company.
No Short Positions. Each Investor agrees that neither it nor any of its affiliates or assignees shall be short shares of the Company’s common stock during the term of the Senior Notes.
No Short Positions. Neither the Purchaser nor any Affiliate of the Purchaser is party to any short position or hedge against any security or securities of the Company.
No Short Positions. A Purchaser shall not and shall cause its Affiliates to not become party to any short position or hedge against any security or securities of the Company. This covenant shall survive and continue in full force and effect until the later of (i) the date which is six (6) months after the Closing Date, or (ii) the date upon which, after having purchased the Shares pursuant to the provisions of this Agreement, such Purchaser or its Affiliates no longer beneficially owns the Shares purchased hereunder or the shares of Common Stock into which the Shares are convertible.
No Short Positions. Each Purchaser has not entered, during the 30 days prior to the date of this Agreement, and shall not enter, from the date of this Agreement through 48 hours after the Closing Date, into any Short Sales. For purposes of this Section 3.2(c), a “Short Sale” by a Purchaser means a sale of Common Stock that is marked as a short sale and that is executed at a time when such Purchaser has no equivalent offsetting long position in the Common Stock. For purposes of determining whether a Purchaser has an equivalent offsetting long position in the Common Stock, all Common Stock and all Common Stock that would be issuable upon conversion or exercise in full of all Common Stock Equivalents then held by such Purchaser (assuming that such Common Stock Equivalents were then fully convertible or exercisable, notwithstanding any provisions to the contrary, and giving effect to any conversion or exercise price adjustments scheduled to take effect in the future) shall be deemed to be held long by such Purchaser.
No Short Positions. Such Purchaser has not entered, during the 30 days prior to the date of this Agreement, and shall not enter, from the date of this Agreement through 48 hours after the Closing Date, into any Short Sales. For purposes of this Section 3.3(i), a “Short Sale” by a Purchaser means a sale of the Company’s Common Stock that is marked as a short sale and that is executed at a time when such Purchaser has no equivalent offsetting long position in the Company’s Common Stock. For purposes of determining whether a Purchaser has an equivalent offsetting long position in the Common Stock, all Common Stock and all Common Stock that would be issuable upon conversion or exercise in full of all Common Stock Equivalents then held by such Purchaser (assuming that such Common Stock Equivalents were then fully convertible or exercisable, notwithstanding any provisions to the contrary, and giving effect to any conversion or exercise price adjustments scheduled to take effect in the future) shall be deemed to be held long by such Purchaser. Other than the Put and the Call as provided for by this Agreement, such Purchaser and its affiliates do not have any put option, short position or other similar instrument or position with respect to any securities of the Company or IAPL.
No Short Positions. The Lender does not, as of the Closing Date, have any open short positions (either directly or through an affiliate) with respect to the Common Stock. The Borrower acknowledges and agrees that the Lender does not make or has not made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in this Section 3.2.
No Short Positions. Seller represents and warrants that, as of the date hereof, it does not have a Short Position. A “Short Position” means Seller holding a position in the common stock of the Company achieved through the sale of common stock in a transaction marked as a short sale, or a position achieved though any transactions designed to have the same economic effect (such as the purchase or sale of puts, calls or other derivative instrument).
No Short Positions. Each Purchaser has not, from February 20, 2004 to the Closing Date, entered into any Short Sales. For purposes of this Section 3.2(g), a “Short Sale” by a Purchaser means a sale of Common Stock that is marked as a short sale and that is executed at a time when such Purchaser has no equivalent offsetting long position in the Common Stock. For purposes of determining whether a Purchaser has an equivalent offsetting long position in the Common Stock, all Common Stock and all Common Stock that would be issuable upon conversion or exercise in full of all Options then held by such Purchaser (assuming that such Options were then fully convertible or exercisable, notwithstanding any provisions to the contrary, and giving effect to any conversion or exercise price adjustments scheduled to take effect in the future) shall be deemed to be held long by such Purchaser.
